Philosophy 2080 : Appendix on Daviault
Document Summary
Hildebrand y legal principles are subordinate in their importance it is the predetermined result that dominates judicial reasoning. The principle y criminal law only punishes the morally blameworthy you must have a guilty mind y no intent, no guilty]the accused lacked intent to commit a sexual assault having drunk himself into an oblivious. Intoxication was not a defence to a charge of sexual assault y y sexual assault is a general intent offence y the guilty intention mens rea must coincide with the crime committed. Intent due to intoxication should be allowed as a defence for that offence y y the dissenter knows that daviault must not go unpunished for his abhorrent behaviour if legal principles fell shot, then the principles must be wrong.